Title IX of the US Education Amendment reads:
"No person in the United States shall, on the basis of sex, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."
In support of this most basic tenant of educational equal and civil rights, Bastyr University has made the following appointments:
Bastyr University does not discriminate against any person in matters of employment, application for employment, student or applicant for admission, or participation in our programs or benefits on the basis of the following protected classes: ancestry, gender, gender identity, or expression, sexual orientation, race, creed, color, religion (includes religious dress and grooming practices), sex (includes pregnancy, childbirth, breastfeeding and/or related medical conditions), ethnic or national origin (includes language use and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law), age (40 and above), disability (mental and physical, including HIV and AIDS), marital status, genetic information, medical condition (genetic characteristics, cancer or a record or history of cancer), veteran or military status or any other protected category under applicable local, state or federal law.
This policy covers nondiscrimination in access to educational opportunities. Therefore, any member of the campus community who acts to deny, deprive or limit the educational, access, benefits and/or opportunities of any member of the campus community, guest or visitor on the basis of their actual or perceived membership in the protected classes listed above is in violation of the University policy on nondiscrimination. Non-members of the campus community who engage in discriminatory actions within University/College programs or on University/College property are not under the jurisdiction of this policy, but can be subject to actions that limit their access and/or involvement with University programs as the result of their misconduct. All vendors serving the University through third-party contracts are subject by those contracts to the policies and procedures or their employers.
Bastyr University is committed to full compliance with the Americans With Disabilities Act of 1990 (ADA and ADAAA) and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws pertaining to individuals with disabilities. Under the ADA and its amendments, a person has a disability if they have a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the institution whether qualified or not. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking or caring for oneself.
Bastyr University is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the academic programs and activities of the University.
All accommodations are made on a case-by-case basis. A student requesting any accommodation should first contact the Student Access Accommodations Diretor, via the email address email@example.com. The SAA Director reviews documentation provided by the student and determines which accommodations are appropriate to the student’s particular needs and academic programs.
It is our policy to ensure the protection and equal treatment of pregnant persons, individuals with pregnancy-related conditions, and new parents. The following procedures are intended to meet this policy to the fullest extent required by law.
The benefits and services provided to students affected by pregnancy shall be no less than those provided to students with temporary medical conditions. Students with pregnancy-related disabilities are entitled to reasonable accommodation so they will not be disadvantaged in their courses of study or research. Any student in need of an accommodation is encouraged to contact the Student Access and Accommodations Director at firstname.lastname@example.org Reasonable accommodations, such as modification to seating, mobility support and extended deadlines due to pregnancy-related issues must be requested through the Student Access and Accommodations (SAA) Director and each request must include documentation of the accommodation need from the students’ health care provider.
Breastfeeding students will be granted reasonable time and space to pump breast milk in a location that is private, clean, and reasonably accessible.
Students with parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of their child or placement of a foster child may request an academic modification period of up to 12 weeks beginning with the day of birth or day of entry of the child into the home. Extensions may be granted where additional time is required due to documented medical necessity.
During the modification period, the student’s didactic academic schedule will be adjusted as follows:
During the modification period, the student’s clinical schedule will be adjusted as follows:
In order to qualify for this modified schedule, the student must contact the SAS Coordinator well in advance of their due date, and must also have early and ongoing communication with each individual instructor and/or clinic supervisor about the modified schedule.
Student/parents who have received a modified schedule will retain their enrollment status throughout the schedule. If desired, the student/parent may request either an incomplete for a class or a leave of absence through the regular process with the Office of the Registrar. Faculty or staff may not require a student to take either an incomplete or a leave of absence due to pregnancy, birth, or a new child in the home.
Students are entitled to an educational environment free of discriminatory harassment. Bastyr University’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters protected by academic freedom. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under University policy.
Harassment constitutes a form of discrimination that is prohibited by University policy as well as the law. Bastyr University condemns and will not tolerate discriminatory harassment against any student, visitor or guest on the basis of any status protected by policy or law. When harassment rises to the level of creating a hostile environment, the University may also impose sanctions on the harasser through application of the Equity Resolution Process. Bastyr University’s harassment policy explicitly prohibits any form of harassment, defined as unwelcome conduct on the basis of actual or perceived membership in a protected class, by any member or group of the community.
A hostile environment may be created by harassing verbal, written, graphic, or physical conduct that is severe or persistent and objectively offensive such that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs, services or activities.
The University reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature not on the basis of a protected status. Addressing such behaviors may not result in the imposition of discipline under University policy, but will be addressed through respectful confrontation, remedial actions, education and/or effective conflict resolution mechanisms. For assistance with conflict resolution techniques, students should contact the Vice President for Student Affairs.
The Department of Education’s Office for Civil Rights (OCR) and the States of Washington and California regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. Bastyr University has adopted the following definition of sexual harassment, in order to address the special environment of an academic community.
Sexual harassment is:
Anyone experiencing sexual harassment in any University program is encouraged to report it immediately to the Title IX Coordinator.
Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment.
A hostile environment is created when sexual harassment is:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational development or performance.
State law defines various violent and/or non-consensual sexual acts as crimes. While some of these acts may have parallels in criminal law, Bastyr University has defined categories of sex/gender discrimination as sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, Bastyr University considers Non-Consensual Sexual Intercourse violations to be the most serious of these offenses, and therefore typically imposes the most severe sanctions, including suspension or expulsion. However, the University reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion, for any act of sexual misconduct or other sex/gender-based offenses, including intimate partner (dating and/or domestic) violence, non-consensual sexual contact and/or stalking based on the facts and circumstances of the particular allegation. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation and/or gender identity of those involved.
Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and that behavior does not otherwise fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact.
Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
NOTE: Silence or the absence of resistance alone is not consent. There is no requirement on a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of consent is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
Consent: Consent is knowing, voluntary, and clear permission by word or action to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent can be withdrawn once given, as long as the withdrawal is clearly communicated.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced.
Incapacitation: A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy.
It is not an excuse that the responding party was intoxicated and, therefore, did not realize the incapacity of the reporting party.
Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint and/or from the taking of incapacitating drugs.
In Washington State, a minor (meaning a person under the age of 16 years) cannot consent to sexual activity. In California, the age of consent is 18. This means that sexual contact by an adult with a person younger than the age of consent may be a crime, and a potential violation of this policy, even if the minor wanted to engage in the act.
In addition to the forms of sexual misconduct described above, the following behaviors are also prohibited as forms of discrimination -
Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for alleging harassment, supporting a party bringing an allegation or for assisting in providing information relevant to a claim of harassment is a serious violation of University policy and will be treated as another possible instance of harassment or discrimination.
This policy refers to relationships between a student and an employee of the University. While not strictly a Civil Rights policy, Bastyr University recognizes that consensual relationships are a part of the institution’s environment. However, there are situations where consensual relationships can cause a conflict of interest, either in appearance or in reality. Consensual relationships that are of concern to the University are those amorous, romantic, or sexual relationships in which both parties appear to have consented, but where one party can exercise power or influence over the other.
If a conflict of interest is perceived or exists, the Human Resources Department, in conjunction with the Vice President will decide, on a case-by-case basis, the appropriate course of action to take to resolve such situations.
The Vice President for Student Affairs serves as the Title IX Coordinator and oversees implementation of the University’s Civil Rights policies. The Title IX Coordinator acts with independence and authority free of conflicts of interest. To raise any concern involving a conflict of interest by the Title IX Coordinator, contact the University President, Harlan Patterson.
Inquiries about this policy may be made externally to:
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
These policies will be reviewed and updated annually by the Title IX Coordinator. The University reserves the right to make changes to this document as necessary and once those changes are posted online, they are in effect. If government regulations change in a way that impacts this document, this document will be construed to comply with government regulations in their most recent form.
USE AND ADAPTATION OF THIS MODEL WITH CITATION TO THE NCHERM GROUP, LLC/ATIXA IS PERMITTED THROUGH A LICENSE TO BASTYR UNIVERSITY. ALL OTHER RIGHTS RESERVED.
©2015. THE NCHERM GROUP, LLC/ATIXA
Information about a possible violation of the Bastyr University Civil Rights policies may be submitted via the following form: